P. v. Darrington CA4/2
Brian Lincoln got into a confrontation with Corey Herring and James Tillman in the parking lot of a liquor store in Victorville. Herring had been trying to get Lincoln to help pay for damages caused in an earlier automobile accident. Lincoln left the parking lot, but returned with appellant, Kewetha Lavory Darrington, Jr., and William Blalock. The confrontation resumed and then escalated into violence. Blalock punched Herring, knocking him to the ground. Darrington then fired a gun at both Tillman and Herring before fleeing. A jury convicted Darrington of two counts of attempted murder over his claim to have acted in self-defense or defense of another.
Darrington argues the trial judge erred by instructing the jury on whether they could find he was engaged in self-defense if the men were engaged in mutual combat.
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